Malpractice Cases Arising From Telephone Based Telemedicine Triage in Ophthalmology

Kahan, Elias H.; Shin, Joshua D; Jansen, Michael; Parker, Rebecca Hughes; Parikh, Ravi

doi:10.1080/08820538.2022.2110844

Cited by 6 publications

(3 citation statements)

References 30 publications

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“…Consistent with this concern is the finding of one analysis that 68% of telehealth-related malpractice lawsuits were the product of a failed diagnosis [80]. A more contemporary investigation in ophthalmology reported similar results, with 61.1% of cases alleging misdiagnosis [81]. This uncertainty can affect the willingness of ocular healthcare professionals to adopt teleophthalmology practices, an attitude widely mirrored among other medical practitioners [82].…”

Section: Broad Ethico-legal Challengesmentioning

confidence: 88%

Examining the Role of Telemedicine in Diabetic Retinopathy

Land

Patel

Bui

et al. 2023

JCM

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With the increasing prevalence of diabetic retinopathy (DR), screening is of the utmost importance to prevent vision loss for patients and reduce financial costs for the healthcare system. Unfortunately, it appears that the capacity of optometrists and ophthalmologists to adequately perform in-person screenings of DR will be insufficient within the coming years. Telemedicine offers the opportunity to expand access to screening while reducing the economic and temporal burden associated with current in-person protocols. The present literature review summarizes the latest developments in telemedicine for DR screening, considerations for stakeholders, barriers to implementation, and future directions in this area. As the role of telemedicine in DR screening continues to expand, further work will be necessary to continually optimize practices and improve long-term patient outcomes.

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Section: Broad Ethico-legal Challengesmentioning

confidence: 88%

Examining the Role of Telemedicine in Diabetic Retinopathy

Land

Patel

Bui

et al. 2023

JCM

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“…The extreme relevance of the legal implications of the system proposed in this study and illustrated in Figure 1 cannot be underestimated. Such systems can undoubtedly lead to malpractice lawsuits for several reasons, including but not limited to delays in evaluation or treatment, incorrect diagnoses, improper risk discussion, and delayed referrals [ 63 ]. However, many of these reasons can be grouped as communication failure, as pointed out by Ernesäter, Engström, and Holmström [ 64 ].…”

Section: Legal Implications Of Telemedicine In Traumatic Hand Injuriesmentioning

confidence: 99%

The Role of Telemedicine in Prehospital Traumatic Hand Injury Evaluation

et al. 2023

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Unnecessary ED visits and transfers to hand clinics raise treatment costs and patient burden at trauma centers. In the present COVID-19 pandemic, needless transfers can increase patients’ risk of viral exposure. Therefore, this review analyzes different aspects of the remote diagnosis and triage of traumatic hand injuries. The most common file was photography, with the most common devices being cell phone cameras. Treatment, triage, diagnosis, cost, and time outcomes were assessed, showing concordance between teleconsultation and face-to-face patient evaluations. We conclude that photography and video consultations are feasible surrogates for ED visits in patients with traumatic hand injuries. These technologies should be leveraged to decrease treatment costs and potentially decrease the time to definitive treatment after initial evaluation.

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“…11 cases of suspected misdiagnosis, 7 cases related to risk explanation or consent, and 1 case of a suspected pending referral. (17) Meanwhile, there is no data on the number of legal cases or patient complaints related to telemedicine in Indonesia. Suppose there is an error in a doctor's diagnosis during the teleconsultation service from the patient's point of view as a consumer.…”

Section: Introductionmentioning

confidence: 99%

Analysis of the Need for Legal Protection for Doctors in Teleconsultation Services Towards the Covid-19 Endemic in Indonesia

Fitriana

Achadi

2022

J INDO HEALTH POLICY ADM

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Teleconsultation is a form of telemedicine that has developed rapidly during the COVID-19 pandemic. Clinical teleconsultation provides remote clinical consultation services to assist in establishing a diagnosis, and/or providing treatment considerations/advice. There are several issues in telemedicine, including ethical and legal issues. This study aims to find ethical and legal issues related to teleconsultation services after the COVID-19 pandemic. This research uses normative legal research methods. The laws and regulations that are reviewed by the researcher are those that are still valid in the Republic of Indonesia until June 2022. Researchers compare teleconsultation regulations and laws that were in effect during the pre-pandemic COVID-19 period with those that were in effect during the pandemic. Moreover, researchers examine ethical and legal issues that will arise during the COVID-19 endemic period. In conclusion, if the regulations during the pre-pandemic period are reimplemented during the endemic period, ethical and legal issues will arise. The issues vary from teleconsultation can only be provided by medical facilities like hospitals instead of direct consultation between doctor and patients. Furthermore, the applications must be legally issued and registered by the government, particularly from the ministry of health. Diagnosis enforcement does not follow professional standards in terms of physical examinations is also an issue. Besides, there are more issues such as electronic prescription is not allowed and doctors must be able to prove that there are no intentional factors in the cases of patients’ data leakage and medical record hacking. In this way, the government is expected to make basic changes in the existing teleconsultaion laws and regulations or to make specific teleconsultation laws and regulations with the purpose of providing legal protections for doctors.

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Malpractice Cases Arising From Telephone Based Telemedicine Triage in Ophthalmology

Cited by 6 publications

References 30 publications

Examining the Role of Telemedicine in Diabetic Retinopathy

Examining the Role of Telemedicine in Diabetic Retinopathy

The Role of Telemedicine in Prehospital Traumatic Hand Injury Evaluation

Analysis of the Need for Legal Protection for Doctors in Teleconsultation Services Towards the Covid-19 Endemic in Indonesia

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